Superior Court – Endicott College Is Not Liable for Student’s Binge Drinking

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Earlier this year former Endicott College student Dillon Destefano filed a lawsuit against the school in Essex Superior Court.  (17 CV 152, Destefano v. Endicott College)

According to Destefano’s complaint, one evening when he was a student at the college, he “consumed an inordinate amount of alcoholic beverages” and “became so extremely intoxicated that he lost the capacity to conform his actions to the requirements of the law.”

While intoxicated he randomly punched three other students, “leaving one student with a broken and dislocated jaw that had to be wired shut, another with a broken orbital bone and sinus, and a third with a split lip” according to Salem News.

Destefano was 19 at the time.

His complaint alleged that the school’s failure in preventing him from consuming alcohol while underage violated the state’s social host liability laws.  (See M.G.L. c. 138, § 34).

The college’s attorney filed a motion pursuant to Rule 12(b) seeking to have the matter dismissed without trial.

The motion was allowed and the matter was dismissed by the court on December 20, 2017.

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